Judiciary Of Australia
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Judiciary Of Australia
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law. The large number of courts in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost structures. Under the Australian Constitution, the judicial power of the Commonwealth is vested in the High Court of Australia and such other federal courts as may be created by the federal Parliament. These courts include the Federal Court of Australia and the Federal Circuit and Family Court of Australia. Federal jurisdiction can also be vested in State courts. The Supreme Courts of the States and Territories are superior courts of record with general and unlimited jurisdiction within their own State or Territory. Like the Suprem ...
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States And Territories Of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty (having ceded some sovereign rights to federation) and have their own constitutions, legislatures, departments, and certain civil authorities (e.g. judiciary and law enforcement) that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty. The Federation of Australia constitutionally consists of six federated states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and ten federal territories,Section 2B, Acts Interpretation Act 1901 out of ...
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Supreme Court Of The Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the highest court of the Australian Capital Territory (ACT). It has unlimited jurisdiction within the territory in Civil law (common law), civil matters and hears the most serious Criminal law, criminal matters. The court has the jurisdictional power to hear matters that relate to the Jervis Bay Territory, the Australian Antarctic Territory and the Heard Island and McDonald Islands, although it has never heard a case exercising its power over the Heard and McDonald Islands. It also hears matters on appeal from the Magistrates Court of the Australian Capital Territory. Whilst the Supreme Court is the highest Australian Capital Territory court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can also be submitted to the ACT Court of Appeal, which is constituted by members of the Supreme Court. The Supreme Court consists of 5 permanent judges, includi ...
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South Australian Employment Court
The South Australian Employment Tribunal, which also sits as the South Australian Employment Court (formerly the Industrial Relations Court of South Australia and Industrial Relations Commission of South Australia) is a South Australian tribunal empowered to adjudicate on rights and liabilities arising out of employment. It has existed in some form or another since 1912, under various names. The Employment Court is a court of record established under the South Australian Employment Tribunal Act 2014. History In 1906, the ''Factories Amendment Act'' created a Court of Industrial Appeals, consisting of a single Supreme Court judge who heard mainly appeals from determinations of wage boards. That Court was abolished in 1912 and replaced with the Industrial Court of South Australia under the ''Industrial Arbitration Act 1912''. The Court's existence was continued by the ''Industrial Code 1920'', the ''Industrial Code 1967,'' and then later by the ''Industrial Conciliation and Arb ...
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Supreme Court Of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can be submitted to the New South Wales Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity. The Supreme Court's central location is the Law Courts Building in Queen's Square, Sydney, New So ...
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Supreme Court Of Norfolk Island
The Supreme Court of Norfolk Island is the superior court for the Australian territory of Norfolk Island. It has unlimited jurisdiction within the territory in civil matters and hears the most serious criminal matters. (NI) s 5 Jurisdiction of Supreme Court. It also has jurisdiction over the Coral Sea Islands Territory. (Cth) s 8 Courts having jurisdiction in the Territory All matters are heard before a single judge, including appeals from the Court of Petty Sessions. In the Australian court hierarchy, it is one of eight state and territory Supreme Courts having unlimited jurisdiction in their respective parts of Australia. Appeal lies to the Federal Court of Australia, from which an appeal by special leave can be made to the High Court of Australia. History Prior to 1960 almost all matters were heard by the Chief Magistrate who was also the Administrator. If there was a need for a judge then a person was appointed specifically for that purpose. The first such appointment wa ...
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Family Court Of Western Australia
The Family Court of Western Australia is a Australian court hierarchy#State and territory courts, state court that deals with family law. It was established by the passing of the ''Family Court Act'' (WA, 1975) and commenced operation in 1976. It is a state family court under section 41 of the Commonwealth ''Family Law Act 1975'', and deals with the same issues as the Commonwealth Family Court, including divorce, marital property settlements, and child custody, and also adoption and surrogacy. Although funded by the Commonwealth Government, it is the only state-based family court in Australia. The reason for the creation of the court as a state court was to bestow additional jurisdiction related to family law on the court, which were beyond the scope of federal power, such as de facto arrangements and adoptions. Structure Western Australia is unique amongst States and territories of Australia, Australian states in being the only state with its own family court. Family law matte ...
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New South Wales Court Of Criminal Appeal
The New South Wales Court of Criminal Appeal, part of the Supreme Court of New South Wales, is the highest court for criminal matters and has appellate jurisdiction in the Australian State of New South Wales. Jurisdiction The Court hears appeals from people who were convicted or pleaded guilty and were sentenced by a Supreme or District court judge. The Court also hears appeals lodged by The Crown regarding the adequacy of a sentence. Decisions made by the Land and Environment Court, the Industrial Court or the Drug Court in criminal jurisdiction may also be brought for appeal. The Court of Criminal Appeal may also grant leave to appeal in matters involving questions of fact or mixed questions of fact and law. It may also grant leave to appeal in cases where the severity or adequacy of the sentence is challenged. If a petitioner is not satisfied with the decision made by the Court of Criminal Appeal, application may be made to the High Court of Australia for special leave to ...
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Supreme Court Of Tasmania
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia. The ordinary sittings of the Court occur in Hobart, Launceston and Burnie in Tasmania. The Court's Appeal division sits only in Hobart. History of the Court The Supreme Court of Van Diemen's Land (as Tasmania was then known) was established by The Royal Letters Patent of 13 October 1823 and commenced activities on 10 May 1824. The Court is the oldest Supreme Court in Australia and predates the Supreme Court of New South Wales, if only by a period of just ten days. The supreme courts of Tasmania and New South Wales were initiated through the New South Wales Act 1823, and this gave those courts jurisdiction over New Zealand. Sir John Pedder, after whom Lake Pedde ...
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Supreme Court Of South Australia
The Supreme Court of South Australia is the superior court of the Australian state of South Australia. The Supreme Court is the highest South Australian court in the Australian court hierarchy. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. The Court is composed of a Chief Justice and as many other judges (called justices) as may be required. History The Court was established by Letters Patent on 2 January 1837, five days after the colony was founded. The Court is unique among Australia's state supreme courts in that it was established at the foundation of the colony of South Australia, as the notion of a supreme court was a part of the colony's founder, Edward Wakefield's theory of colonisation. Other Australian colonies only established their courts long after the settlement of the colony. The Court was endowed with all the common law and probate jurisdiction of the courts of Westminster. The first sessions of ...
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Supreme Court Of The Northern Territory
The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters. It is around the middle of the Australian court hierarchy. Early history Shortly after the first settlement at Palmerston, Port Darwin in 1869–70, pressure was placed upon the South Australian government to establish a superior court in the then Northern Territory of South Australia. Although such a court was mooted, it was decided to send judges to Palmerston on circuit. The first circuit court was held in February 1875. Thereafter, from 1875 to 1884, the government appointed persons as commissioners (usually the Government Resident) to exercise the power of a judge of the Supreme Court of South Australia in all but trials of capital offences. From 1884 to 1911, a resident judge, with the title "Judge of the Northern Territory" exercised the f ...
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New South Wales Court Of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursuant to the . The Court hears appeals from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court, the Land and Environment Court, the District Court, the Dust Diseases Tribunal, the Workers Compensation Commission, and the Government and Related Employees Appeal Tribunal. The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper. If a petitioner is not satisfied with the decision made by the Court of Appeal, application may be made to the High Court of Australia for special leave to appeal the decision before the High Court. Because special leave is only granted by the High Court under certain conditions, the Court of Appeal is ...
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Norfolk Island
Norfolk Island (, ; Norfuk: ''Norf'k Ailen'') is an external territory of Australia located in the Pacific Ocean between New Zealand and New Caledonia, directly east of Australia's Evans Head and about from Lord Howe Island. Together with the neighbouring Phillip Island and Nepean Island, the three islands collectively form the Territory of Norfolk Island. At the 2021 census, it had inhabitants living on a total area of about . Its capital is Kingston. The first known settlers in Norfolk Island were East Polynesians but they had already departed when Great Britain settled it as part of its 1788 settlement of Australia. The island served as a convict penal settlement from 6 March 1788 until 5 May 1855, except for an 11-year hiatus between 15 February 1814 and 6 June 1825, when it lay abandoned. On 8 June 1856, permanent civilian residence on the island began when descendants of the ''Bounty'' mutineers were relocated from Pitcairn Island. In 1914 the UK handed Norfo ...
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